We estimate there are thousands of Canadians who are U.S. citizens--and
don't know it!

Had these Canadians known this, it may have changed their professional
and personal lives. We have helped many people get their U.S.
passports---several of whom had been U.S. citizens for 30 years or more
without knowing it.

If you have a claim to U.S. citizenship, this can make your U.S.
immigration very easy. It is worth briefly reviewing this report to see if
you (or a relative or associate) qualify.

This report also discusses how green card clients holders may become
U.S. citizens.

A U.S. citizen (hereinafter "USC") is one step further than a U.S.
permanent resident. Put another way, it is one step beyond a green
card holder. Citizenship will give you the maximum rights available
in the U.S.

Citizens may also find it advantageous to use a U.S. passport when
traveling.

Immigration laws severely
limit valuable public benefits, unless you are a U.S.
citizen. Even green card holders face strict
restrictions. Who knows what future laws will bring? With
full citizenship, these exclusions disappear.

Only U.S.
citizens can vote in Federal Elections. Most states also restrict
the right to vote.

Immigration laws severely
limit your public benefits, unless you are a U.S.
citizen.

Freedom to live anywhere

A citizen does not have to
reside in the U.S. By contrast, the immigration authorities can
revoke green cards, if the holders fail to reside in the
U.S. (See the FAQ question concerning
preservation of permanent residency.)

No more paperwork

If you become naturalized you do not
have to worry about replacing your Green Card with newer
versions. Some time ago, the INS announced the expiration of
the old green card forms I-551. All people in possession of the card
had to apply for replacement with a secure, machine-readable Alien
Registration Receipt Card. This card expires, and you must renew
it. Citizens do not have to do this.

Easy international travel

Only citizens can take out
U.S. passports. Entering the U.S. is easier. Many countries waive
visa requirements for U.S. passport holders. With a U.S. passport,
you are eligible for U.S. citizen services from U.S. embassies and
consulates when traveling throughout the world. Because of the
contiguous location of our countries, this is a huge advantage to dual
Canadian/U.S. citizens.

Easy domestic travel

U.S. citizens do not have to carry
proof of citizenship when they travel within the U.S. On the other
hand, immigration authorities demand that permanent residents always carry
their green cards. The government detains permanent residents
who forget to carry their cards.

Eligibility for elected
positions

Many elected offices require U.S. citizenship. The ability to go
into politics is more important than it may seem. Many Canadians are
in demand and called upon to serve in local government. This is
because of our common cultures. My retired USC clients, for example,
often enjoy serving on city
councils.

Emotional benefits

Finally, there
are intangible advantages. Most green card holders have decided that
the U.S. is the permanent home for their families. Canadians
find it of psychological benefit to be on an equal footing with their
American peers. Becoming a U.S. citizen is an unassailable
demonstration of commitment to the country. This is important for
school-age children who are very much concerned with their identity.

Here is a quick set of questions you can answer. If the answer to any
of these questions is "YES", please call us--we should see if you are
eligible for citizenship.

Both you and your spouse (if you are married) should answer these
questions.

(ANSWER "YES" OR "NO")

Questionnaire To Determine U.S. Citizenship

1. Were you born in the U.S. or its territories or
possessions?2. Were either of your parents born in the
U.S.?3. Were any of your grandparents born in the U.S.?4.
Have you had a Green Card based on marriage to a USC spouse for at
least 3 years?5. Have you had a Green Card for at least 5 Years
?

Yes. According to U.S. law, you can be a citizen of the U.S. and of
another country or other countries. You can have a "second
citizenship".

Consider this option of you are a Canadian citizen who wants dual
U.S./Canadian citizenship. Of course, you should also look to your
own country's law, to see if that country will allow you to keep dual
citizenship. Canada and the U.K. allow dual citizenship. The international
trend is to allow dual citizenship.

The State Department presumes
a person intends to retain U.S.
citizenship.

Only if you actually intended to give up U.S. citizenship. The State
Department presumes a person intends to retain U.S. citizenship when that
person obtains naturalization in or declares allegiance to another
country.

This actual policy goes against public belief. Have you ever heard
these statements?:

"My father was a U.S. citizen...but he gave it up."

"My mother voted in Canada and lost her citizenship."

"The U.S. Consulate once told me I'm not a citizen."

"My father was born in the U.S. but I can't prove it."

"I had to choose what country I wanted when I turned 21."

Most likely, these statements were not true!

This relatively new policy is retroactive. This means that it applies
to people who may think they already lost their citizenship--even if the
U.S. Consulate already made that finding

NEW
CITIZENS:President of an international architectural design
firm, his family and Joe Grasmick (second from left) after the
naturalization ceremony

A lawful permanent resident (hold green card)

A resident of the U.S. since you received your green card, and until
you receive your citizenship.

A "continuous" resident of the U.S. for at least 5 years (3 years of
"marital union" for certain spouses of U.S. citizens) counting back from
the date of your application. Absences from the U.S. of less than 6
months shall not break the continuity. An absence from the United
States of more than six months but less than a year creates a
presumption against you. Absence from the United States for a continuous
period of one year or more absolutely breaks the continuity of
such residence unless you get permission via form N-470 Application
to Preserve Residence for Naturalization Purposes. Note: these
requirements are similar but not identical to requirements for
preserving your green card. (See the FAQ
question #12 "How can I keep my Green Card while working
abroad?") You can file your Naturalization application up to three
months before the date you meet the residence requirement.

Physically present in the U.S. for 1/2 of the five years (or three
years). You must actually be in the U.S. for 913 days (or 548 days if a
three year requirement) during the five year period counting back from
the day your file for naturalization. Note that some spouses of U.S.
citizens who are or were employed outside the U.S. have no residency or
physical presence requirement. This means that the spouse can get
his/her green card, and then your citizenship, almost simultaneously!

Continuous residency in the State or INS District where you are
applying, for 3 months prior to filing the petition for naturalization.

At least 18 years old and legally competent. Certain children can
receive derivative citizenship when their parents are naturalized.

Understand English and U.S. history/government. (Waived for certain
elderly people).

The immigration authorities will receive and examine your
application. They will verify your lawful admission for permanent
residence. They will then notify you to appear to file your official
petition for naturalization. (If we represent you, send us copies of
any notices you receive.)

You will then appear for an interview with an immigration
official. Again, contact us when you receive any notices. We will then
help prepare you for the interview.

After the examination by the official, you will take the final
oath of allegiance to the U.S. There will be a waiting period between your
examination and the swearing in at the U.S. District Court. Waits vary
from several months to several years. This depends on the area of the
country where you apply.

2 yrs physical U.S. presence between ages 14-28,
except if born 10/10/52 or after ** --or--5 yrs U.S.
residence between 13-21 yrs.**

On/after 12-24-52 and before
11-14-86

Both

1 parent resided in U.S.

None

Only 1

USC parent with 10 yrs physical presence in U.S.
prior to your birth, at least 5 yrs. after parent's age 14

None

On/after 11-14-86

Both

1 parent resided in U.S.

None

Only 1

USC parent physically present in U.S. 5 yrs, at
least 2 yrs. after parent's age 14

None

Children under age 18 may qualify for
automatic or expedited naturalization if they have at least 1 USC
parent. This can eliminate green card residency and physical
presence requirements. It may eliminate the green card requirement
itself. Automatic: Child has a green card. Expedited:
Child has USC parent or grandparent who has been physically present
in the U.S. for 5 years, 2 which were after parent's or
grandparent's age 14.** Residence of the child is no longer required. If a
child lost citizenship by not meeting the residency requirement, the
child can reinstate citizenship. However, children who reinstate
citizenship cannot pass citizenship on to their children born after
citizenship was lost. *Data obtained from
C. Gordon and S. Mailman, Immigration Law and Practice [Appendix A,
A.1 (a)] and U.S. Department of State Foreign Affairs Manual, Vol.8,
Exhibit 214.1, 1967, and updated by Joseph Grasmick,
Esq.

If your parent or grandparent was a U.S. citizen it could help you. See
if either:

you are already a U.S. citizen, or

your living parent can sponsor you for a Green Card.

Step 1: See if your parent is a citizen using the table
above. Your parent is the "you" in the boxes. If your parent is a
citizen then. . .

Step 2: See if you are a citizen. Use the table.
You are the "you" this time. If you are a citizen, you can get a
U.S. passport. You can live and work (& pay taxes) in the U.S. If you
are not a citizen, then. . .

Step 3: See if your living parent can sponsor you for a green
card. Consult the Complete List to find
the category. Warning: many categories produce long waits.
Check the State Department website's Visa Availability Report for
quota waits. If too long, consult the Visa
Selector for quicker options.

Obtaining citizenship may result in communication to the Internal
Revenue Service. This may have an impact on your personal income taxes. We
suggest speaking with a tax advisor experienced in U.S.Canadian tax issues
before proceeding with a U.S. citizenship claim. Your advisor may suggest
making a tax filing before filing your citizenship application.